Chap. 481,.—An ACT to preserve the purity of all field and garden seed and to de-
fine the hability of the sellers of all seed as guarantors that all such seed are
true to kind and name as represented at the time of sale.

Approved February 24, 1898,

1. Be it enacted by the general assembly of Virginia, That all seeds-
men and others who sell farm or earden seeds to be used in producing
crops for sale or for family use, shall be bound as guarantors that such
seeds are true to kind and name as represented at the time of sale,
whether said seeds were raised by the seller or by another; and if such
seeds are sold by an agent the principal shall be bound by the repre-
sentations of said agent in regard to the kind and name of the sced so
sold,

2. Tf any paper or package containing seed sold in this state for
planting or seeding has printed or written thereon the name, kind, or
quality of the seeds therein, the seller shall be bound in the courts of
this commonwealth by the said written or printed statement, unless it
be allirmatively proven that there was some other agreement between
the parties, in respect thereto.

3. In an action hereafter brought upon breach of warranty of garden
or farm seed, or in which the plaintiff seeks to recover against a seeds-
man or other person, for loss by reason of failure in any garden or farm
seeds to produce plants, vegetables or crops of the kind which such sceds
were represented to be, ‘the court and the jury trying such action shall,
in case of a recovery by the plaintiff, take into consideration, in fixing
the amount of damages, the cost. of the se ed, the loss to the plaintiff by
reason of the crop or ve cgetubles produced being of a different kind, and
also the amount of money and labor expended in producing the said
vegetables or crops, deducting therefroin the value to the plaintiff of the
crops or vegetables so raised.

4. This act shall be in force from its passage.